Members mistakenly believe that property investors are exempt from the requirement to provide a seller’s 信息披露 because the investors never lived in a property. 这不是真的. There is no exception to the seller’s 信息披露 requirement in Property Code Section 5.008 for investors who never lived in the property. They are required to complete the seller’s 信息披露 to the best of their knowledge. However, if 卖家 legitimately do not know answers to questions on the 信息披露, they can mark those questions unknown and still fulfill the obligations under the Texas Property Code.
— Traci杰克逊,专职律师
这已经说过很多次了. I wish you would elaborate what are the consequences if the seller refuses to provide the SDN.
参见德克萨斯州财产法典第5条.008(f), the purchaser may terminate the contract for any reason within 7 days after receiving it. Thus, the main remedy is terminating the contract. If the contract closes and there is an “as-is” clause, it gets significantly more difficult to do something. 通常需要一种欺诈行为, but contact a property attorney (like myself) if you or your client ever have questions. 雅各布·海德(SBN: 24074464).
See! Now that’s the kind of great answer that’s always missing in these discussions. Appreciate you taking the time to join in.
How about those who do it and mark EVERYTHING No or Unknown?
those that don’t fill out the SDN, They are PLAYING WITH FIRE.
When I see these flips and the SD is vague or incomplete then I advise my Clients to beware of the property. 你必须假设有人在掩盖事实. 额外的评估是必须的. I also tell them that getting any laws enforced in Texas is very difficult.
Does the investor 信息披露 pertain only when the investor is 销售 the property or also when the investor will lease the property?
Traci, can we assume from this that family members 销售 a deceased loved one’s home are not considered investors and not impacted by this section of the code?
SD is very importance for the Buyer- Maybe you need to require HAR board/Trec to take off Term 7.B. (3) in Form TREC No 20-16 ( 1-4 Family resident contract), make sure Seller’s broker have to all way supply the SD.
Sellers are very well aware of the condition of the house. They get charged for all repairs done to the property.
They can also ask their managment company. I am sick and tired of 卖家 and managemt companies that trying to take advantage of the 卖家 market to hurt buyers in their biggest investment.
法律必须改变. 有卖家要价5000美元.00 for option time then buyer back out and lose because of the inspection that seller said UNKNOWN?????????? PLEASE
This needs to change it is the stupidest thing I’ve ever heard!!